Uttaranchal Court July 2005 Judgments
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Reading and Bates Drilling Co. (as Agent of Daniel Gates) Vs. Commissi ...
Court: Uttaranchal
Decided on: Jul-14-2005
Reported in: (2005)199CTR(Uttranchal)66; [2005]277ITR253(Uttaranchal)
1. This is an appeal preferred under Section 260A of the Income-tax Act, 1961, filed by the appellant against the judgment and order dated March 26, 2004, passed by the Income-tax Appellate Tribunal, New Delhi, in I. T. A. No. 1524/Delhi of 2000.2. Reading and Bates Drilling Company, the appellant, is a non-resident foreign company. During the year under consideration, the said nonresident company executed offshore drilling contracts in India. Reading and Bates Drilling Company employed technicians to work in offshore oil rigs in India. Mr. Daniel Gates was such a technician employed by the appellant-company during the relevant previous year to work in the offshore oil rigs in India.3. The question raised before us is as follows :'Whether, on the facts and circumstances of the case, the Tribunal erred in law in holding that the 'off-period' salary paid to the petitioner was liable to tax in India ?'4. Heard learned counsel for the parties and perused the record.5. As this court has dis...
Vinod Singh Negi Vs. State of Uttaranchal and anr.
Court: Uttaranchal
Decided on: Jul-14-2005
Reported in: III(2006)BC588; 2005CriLJ3827
ORDERJ.C.S. Rawat, J.1. Heard Sri Vinod Sharma learned Counsel for the applicant and learned A.G.A. and perused the record.2. -The present application has been filed under Section 482, Cr.P.C. for quashing the criminal proceedings in case No. 1 804/2004 State v. Vinod Singh Negi pending before the Chief Judicial Magistrate, Dehradun.3. Brief facts are that a complaint was filed under Section 138 of The Negotiable Instruments Act before the Chief Judicial Magistrate, Dehradun. The complainant filed the affidavits in support of his ease under Sections 200 and 202, Cr.P.C. and thereafter the cognizance was taken by the learned Magistrate vide order dated 3 9 2003. Feeling aggrieved by the said order the present application has been filed under Section 482, Cr.P.C.4. The only point raised before me is as to whether the complainant was entitled to file the affidavits in support of his evidence under Sections 200 and 202, Cr.P.C. or not. The learned Counsel for the applicant contended that u...
Capt. V.N. Saxena Vs. Union of India (Uoi) and anr.
Court: Uttaranchal
Decided on: Jul-14-2005
Reported in: 2005(3)SLJ196(NULL)
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought direction in the nature of certiorari, quashing the impugned order dated 13.11.1990, whereby his services, dismissed from Indian Army, by the respondents.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner entered in the Indian Army as 2nd Lieutenant with service No. IC 39774Y and was posted as Officiating Troup Commander in 1481 Light Regiment at Galuthi. On 2.9.1983, while petitioner was serving on said post, a theft of Rs. 14,000/-, took place in the regiment with regard to which Gnr Udai Singh was one of suspects. On instructions of Officiating Commanding Officer Maj. Jagga Singh, the petitioner along with 2/Lt. K.S. Paul, pursued the matter, and on pointing out of Gnr Udai Singh (since deceased), recovered Rs. 12,000/-out of the theft amount. The said Gnr was suspected for the reason that after the theft was committed,...
Madan Mohan Kukreti Vs. District Judge and ors.
Court: Uttaranchal
Decided on: Jul-14-2005
Reported in: AIR2005Utr42
ORDERPrafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner/landlord has sought writ in the nature of certiorari, quashing judgment, and order dated 3-12-1997, passed by Distt. Judge, Pauri Garhwal, in Small Cause Case Revision No. 5 of 1997.2. Brief facts of the case, as narrated in the writ petition are that the petitioner instituted suit No. 1 of 1996, before Judge, Small Causes Court/Civil Judge (Jr. Division) at Kotdwar against the Respondent No. 3 for the eviction and recovery of arrears of rent and mesne profits, after giving notice to him Under Section 106 of Transfer of Property Act, 1882 and thereby determined his tenancy. The said suit, after hearing the parties was decreed by the Judge, Small Causes Court, vide its judgment and order dated 7-6-1997. Respondent No. 3/tenant filed a revision against said order before District Judge, Pauri Garhwal (respondent No. 1) which was registered as Small Cause Case Revisi...
Dhani Devi and ors. Vs. New India Assurance Company Limited
Court: Uttaranchal
Decided on: Jul-14-2005
Reported in: II(2006)ACC666
J.C.S. Rawat, J.1. This appeal has been filed by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 10.7.2003 passed by Motor Accident Claims Tribunal/District Judge, Nainital in Claim Petition No. 20 of 2001, Smt. Dhani Devi and Three Ors. v. The New India Assurance Company Limited, by which the claim petition was dismissed by the Motor Accident Claims Tribunal.2. Brief facts of the case giving rise to this appeal are that on 5.9.2000 Deewan Giri (deceased) was going from Bheemtal to Devidhura along with his friends and family members by his vehicle Jeep No. UP 2D/4317. When the said Jeep reached near Padampuri, due to rash and negligent driving of the driver of Jeep, he lost the control over the Jeep as a result of which the said Jeep fell in to deep Khud. All the passengers of the Jeep sustained injuries. The deceased Deewan Giri also sustained injuries and he got admitted for treatment in P.H.C. Bhimtal and thereafter he got admitte...
U.P. State Road Transport Corporation thro' Regional Manager Vs. State ...
Court: Uttaranchal
Decided on: Jul-13-2005
Reported in: [2005(106)FLR1142]; (2005)IIILLJ9UC
Prafulla C. Pant, J.1. By means of this writ petition, under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the impugned award dated November 28, 1997 passed by the Labour Court (respondent No. 2).2. Brief facts of the case, as narrated in the writ petition, are that respondent No. 3-Janeshwar Prasad Tyagi was working on the post of conductor with the petitioner-Corporation in its Haridwar Depot. On April 25, 1985 he was deputed to discharge his duties on Haridwar-Karnal route alongwith bag No. 1 containing bus tickets to be issued to the passengers on the said route. However, respondent No. 3 on his return did not deposit the bag and instead it was found that he issued 135 fake tickets to the passengers on the said route. Consequently when the said fact was discovered, a full-fledged departmental enquiry was initiated against respondent No. 3 in which the charges of serious misconduct were found proved and consequently res...
Kewal Ram Vs. State of U.P. and ors.
Court: Uttaranchal
Decided on: Jul-12-2005
Reported in: 2005(3)AWC2674
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the impugned order dated 16.3.1999, passed by the respondent No. 2, reverting the petitioner from Group-C post to Group-D post.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner was appointed in Group-D post in Sub-Treasury Maulekhal (SALT), district Almora on 18.12.1990 in the pay scale of Rs. 750-940. On 18.8.1998, the petitioner was promoted from Group-D to Group-C on the post of clerk in the pay scale of Rs. 3,050-4,590 under departmental promotion as per Government order dated 31.8.1982 and 21.8.1993. The petitioner served the department in both of his capacities first on Group-D post and thereafter on Group-C post to full satisfaction to his seniors. However, petitioner was suddenly reverted from Group-C post to Group-D post vide order dated 16.3.1999 passed by respondent...
Sumit Mehra Vs. State of Uttaranchal and anr.
Court: Uttaranchal
Decided on: Jul-11-2005
Reported in: IV(2007)BC355
J.C.S. Rawat, J.1. Heard Mr. L.K. Tiwari, learned Counsel for the applicant and Mr. R.P. Nautiyal, learned Counsel for the respondent No. 2 and perused the record.2. This is a petition under Section 482, Cr.P.C. for setting aside the order dated 20.3.2004 passed by the Judicial Magistrate, CBI, Dehradun in Criminal Case Nos. 308 of 2004 and 280 of 2004.3. The brief facts relating to this case are that the complainant filed complaint against the respondent No. 2 for an offence punishable under Section 138, Negotiable Instruments Act before the competent Court at Dehradun. It is alleged in the complaint that respondent No. 2 issued a cheque for Rs. 2 lacs in consideration of the complainant's investment and his share of profit. He assured the encashment of the same on presentation. On presentation the Bank dishonoured the cheque. Notice was given to respondent No. 2 and thereafter a complaint was filed. Summonses were sent to the accused and the accused applicant appeared before the Cour...
Ved Prakash and ors. Vs. Ved Mata Gayatri Trust and ors.
Court: Uttaranchal
Decided on: Jul-08-2005
Reported in: AIR2005Utr43
P.C. Verma, J.1. The appellants preferred this appeal under Section 104 of the Civil Procedure Code against the order dated 31-7-2001 passed by the District Judge, Hardwar In Civil Misc. Case No. 12 of 1999 Sri Ved Prakash v. Ved Mata Gayatri Trust, whereby the District Judge has refused to grant leave to file suit under Section 92 of the Civil Procedure Code by rejecting the application of the applicants/plaintiffs paper Nos. 4C-2 and application paper No. 82-C2.2. Brief facts giving rise to this appeal are that plaintiffs filed stilt with the prayer to grant leave to institute the suit under Section 92 of the CPC in respect of defendant No, 1 on the grounds, inter alia, that the defendant No. 1 is a Trust for public purposes of a charitable & religious nature, duly exempted even under Section 80G of the Income Tax Act, 1961 having its principal activity in Shanti Kunj, Bhopatwala, Hardwar (hereinafter referred to as the Trust). That the aforesaid Trust was founded by late Sim Bhagwat...
Satnam Singh Vs. Maya Devi and ors.
Court: Uttaranchal
Decided on: Jul-08-2005
Reported in: III(2005)ACC701; 2005ACJ1782
P.C. Pant, J. 1. This appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment/ award dated 15.6.2004 passed by Motor Accidents Claims Tribunal/District Judge, Udham Singh Nagar, whereby in Motor Accident Claim Petition No. 234 of 2002, an amount of compensation to the tune of Rs. 5,30,000 has been directed to be paid by the owner of vehicle to the claimants.2. Brief facts of the case are that on 24.5.2002, Rajesh Kumar (deceased) was going on a motor cycle registration No. UP 47-2951 from Rudrapur to Kashipur. When he reached near village Maheshpura at Rudrapur-Kashipur Road, a truck registration No. UHJ 9049, which was being driven rashly and negligently by its driver, dashed at his motor cycle. Consequently, the motor cycle got unbalanced and dashed at another standing truck registration No. UP 04-A 0574. As a result of which Rajesh Kumar died due to injuries sustained by him,, A first information report was lodged at the Police Station, Bazp...
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